The Efforts for Balancing Justice in the Distribution of Inheritance in Patrilineal Muslim Communities

Abstract

–Many Indonesian regions have strong patrilineal kinship systems; one of them is Batak Society. Batak Toba reflects it in all aspects of its social life, including in the case of inheritance. According to Batak customary law, male descendant (son) is entitled to receive family’s inheritance, in contrary to female descendant (daughter). Male descendant is considered as hereditary carrier and clan successor from his parents. Nowadays, there is an awareness on avoiding discrimination to female descendant; therefore, there are efforts among heirs to share inheritance equally. The purpose of this research is to deliver explanations on the efforts of Muslim families in Batak Toba community in providing a sense of justice in the inheritance distribution between male and female descendants. This research was a descriptive research conducted in South Tapanuli regency. Respondents determined by purposive sampling technique, especially prominent figures and members of the community. Data were collected using library research and interview. The data were then analyzed by descriptive analysis. Results show that the efforts to balance the sense of justice was by providing effective inheritance for female descendant with balanced value to male descendant. Secondly, preparing grant and equally distributed family property before the heir passes away. Thirdly, filing lawsuit where female descendant files lawsuits to the court. In positive law, inheritors have equal right to their family’s inheritance. Dynamics in community's inheritance system is a combination of customary, religious, and state laws. Maintaining family agreement in Batak Toba Muslim community is more important than letting family feud takes place because of unjust inheritance division.